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Lucas Notre-Dame

When should I file estate taxes? Does 9-month deadline apply to trusts?

Hi everyone, I'm trying to figure out the rules for filing estate taxes after my father passed away last month. I was looking through some IRS regulations and noticed it mentions that estate taxes need to be filed within 9 months. I'm not really sure what to do with this information. The estate is valued at around $850,000, so under a million. There's a house involved, but it's not currently generating any rental income or anything like that. My main question is about the trust my dad set up before he died. Does the 9-month filing requirement apply differently if assets are in a trust? I'm confused about whether the trust is considered separate from the estate for tax purposes. Any help would be greatly appreciated as I'm trying to handle all this myself to save on legal fees.

The 9-month deadline you're referring to applies to filing Form 706 (United States Estate Tax Return), but it's important to understand that most estates don't actually need to file this form. For 2025, the federal estate tax exemption is $13.61 million per individual, so with an estate valued at $850,000, you're well below the threshold that would require federal estate tax filing. As for trusts, it depends on what kind of trust your father established. If it's a revocable living trust, those assets are still considered part of the taxable estate. If it's an irrevocable trust that was properly established and funded during his lifetime, those assets might not be counted as part of the estate for tax purposes. Remember though, even if you don't need to file federal estate tax returns, you may still have state estate or inheritance tax obligations depending on where your father lived, and you'll need to file a final income tax return for your father for the year he passed away.

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Thank you for this info. My dad lived in Texas. Does Texas have a state estate tax? Also, what about property tax on the house? Do I need to notify the county that he passed away?

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Texas doesn't have a state estate tax or inheritance tax, so you won't need to worry about that particular filing. This is actually one of the reasons many retirees choose to move to Texas. Regarding property taxes, yes, you should notify the county tax assessor's office about your father's passing. The process for transferring property varies by county, but typically you'll need to provide a copy of the death certificate and documentation showing the new ownership arrangement. If the property is now part of a trust, you'll need to provide the trust documents as well.

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How does this work exactly? Does it just give general advice or does it actually look at your specific documents? I'm executor for my aunt's estate and have a pile of papers I don't understand.

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I'm skeptical about these online tools. Did it actually give you accurate information? How do you know it caught everything a real accountant would?

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It actually reviews your specific documents - I uploaded PDFs of my mom's trust documents, will, bank statements, and property records. The system analyzed them and identified which tax forms applied to our specific situation. For your situation with all those papers, it would probably save you tons of time. It identified things like income that needed to be reported on the final 1040 that I would have missed completely on my own.

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If you need to contact the IRS about any estate tax questions (which I highly recommend), save yourself hours of frustration by using https://claimyr.com instead of calling directly. When my husband died, I needed specific guidance on handling his IRA distributions and estate tax issues. I spent DAYS trying to get through to the IRS on my own with no luck. I saw this service mentioned in another thread, and you can see how it works here: https://youtu.be/_kiP6q8DX5c. It got me connected to an actual IRS agent in about 15 minutes instead of the hours I was wasting on hold. The agent walked me through exactly what forms I needed for our trust situation and confirmed we were under the filing threshold.

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Wait, so this service just holds your place in line with the IRS? How does that even work? And how much does it cost? Seems weird that this would be necessary.

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This sounds like a scam. Why would anyone pay a third party to call the IRS? You can just keep calling until you get through. And how do you know you're actually getting connected to a real IRS agent?

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It doesn't just hold your place - it uses an automated system to continuously redial until it breaks through the IRS phone tree, then it calls you when it gets a real person on the line. You don't have to sit there listening to hold music for hours. It's definitely legit. When you get connected, you're speaking directly with an official IRS representative who can access your tax records and provide authorized guidance. It saved me literally days of frustration during an already difficult time.

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I need to apologize for my skeptical comment above. After dealing with busy signals and disconnections for THREE DAYS trying to get clarification about my late wife's estate taxes, I broke down and tried Claimyr. Within 35 minutes, I was talking to an actual IRS estate tax specialist who confirmed our trust assets were properly structured and gave me specific guidance about the step-up in basis for the inherited stocks. She also clarified that while the 9-month deadline didn't apply to us (since we're under the exemption threshold), we still needed to file certain paperwork within that timeframe to document the property value for future capital gains purposes. I would have missed this completely and potentially cost our children thousands in future taxes.

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Just wanted to add - don't forget about your state's requirements. While you may not need to file federal estate tax returns, some states have much lower thresholds. I'm in Oregon, and we had to file state estate tax forms for my father-in-law's estate even though it was well under the federal limit.

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Thanks for mentioning this. I'm in Texas which apparently doesn't have estate taxes (according to an earlier comment). Are there any other state-specific things I should be looking into?

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You're in good shape with Texas regarding estate taxes. But don't forget about probate requirements - those vary by state too. Even with a trust, you might have some assets that need to go through probate if they weren't properly titled to the trust. Also, check if your county has specific requirements for transferring real property. Some Texas counties have their own processes that need to be followed when property changes hands due to death. This is separate from the tax issues but equally important to handle correctly.

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Drake

Trust assets only avoid the 9-month estate tax filing if they're in an irrevocable trust established well before death. If your dad had a revocable living trust (the most common kind), those assets are still considered part of his taxable estate. But with $850k total value, you're nowhere near the federal filing threshold anyway.

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This isn't entirely accurate. Even with a revocable trust, you still benefit from avoiding probate, which can be a huge advantage for the heirs. And depending on when the trust was established and what provisions it contains, there could be significant tax advantages even if it doesn't remove assets from the taxable estate.

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I'm sorry for your loss, Lucas. Dealing with estate matters during grief is incredibly challenging. Based on what you've shared, with an $850,000 estate value, you're well below the federal estate tax filing threshold of $13.61 million for 2025, so you likely won't need to file Form 706. However, don't overlook these important steps: 1) File your father's final income tax return (Form 1040) for 2025 by April 15, 2026, 2) If the estate generates any income after his death, you may need to file Form 1041, and 3) Even though you're in Texas (no state estate tax), you'll still need to handle property transfers through the county. Regarding the trust - if it's a revocable living trust (most common), the assets are still considered part of his estate for tax purposes, but the trust should help you avoid probate proceedings. Make sure all assets were properly titled to the trust before his passing, as any assets not in the trust may need to go through probate. Consider consulting with a probate attorney for at least one session to ensure you're handling everything correctly - it could save you significant headaches later.

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This is really helpful advice, thank you Zoe. I'm still learning about all this - when you mention Form 1041 for estate income, what kind of income would that include? The house isn't generating rental income right now, but there are some bank accounts and a few stocks that might have earned interest or dividends after he passed. Would those small amounts still require filing that form? Also, you mentioned making sure assets were properly titled to the trust - how can I check this? I have copies of the trust documents but I'm not sure how to verify if everything was actually transferred correctly before he died.

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